Conditions

GENERAL TERMS AND CONDITIONS OF PALMAWEAR GMBH

1. General, customer base

(1) All offers and purchase contracts based on orders from our customers (hereinafter referred to as customers) via our online shop www.palmawear.de (hereinafter referred to as the “online shop”) are subject to these General Terms and Conditions.

(2) The product range in our online shop is aimed equally at consumers and entrepreneurs, but only at end users. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 BGB) and (ii) is an “entrepreneur” a natural or legal person or a partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity (Section 14 Paragraph 1 BGB).

(3) The customer's terms and conditions do not apply, even if we do not specifically object to their validity in individual cases.

2. Conclusion of contract

(1) Our offers in the online shop are non-binding.

(2) By placing an order in the online shop, the customer makes a binding offer to purchase the product in question. We can accept the offer until the end of the fifth working day following the day of the offer.

(3) The offer is only considered accepted by us as soon as we declare acceptance to the customer (via email) or send the goods. The purchase contract with the customer is only concluded with our acceptance.

(4) Every customer who is a consumer and resides within the European Union is entitled to revoke the offer and to return the goods in accordance with the special cancellation and return instructions communicated to them when placing the order on our website .

3. Prices and payment

(1) Our prices include statutory sales tax, if applicable, but only shipping costs if stated in the online shop for the corresponding product. The customer must bear customs duties and similar charges.

(2) Unless expressly agreed otherwise, we only deliver against payment in accordance with the payment conditions stated in the online shop.

(3) The customer has no right of offsetting or retention unless the counterclaim is undisputed or legally established.

4. Deadlines for shipping the goods, sales, partial deliveries

(1) All deadlines specified by us for shipping the goods are non-binding.

(2) If the goods cannot be delivered on time through no fault of our own or cannot be delivered on time despite a timely reorder, we are entitled to withdraw from the purchase contract. We will immediately notify the customer of the unavailability of the goods and, in the event of withdrawal, immediately refund the payments made to us.

(3) If the customer has purchased several products that can be used separately in one order, we can also send them in several separate deliveries, whereby we will bear the additional shipping costs caused by this. This does not limit the customer's legal rights with regard to timely and proper delivery.

5. Shipping method and duration, insurance and transfer of risk

(1) Unless expressly agreed otherwise, we determine the appropriate shipping method and the transport company at our reasonable discretion.

(2) We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. The shipping time specified by us (period between handover by us to the transport company and delivery to the customer) is therefore non-binding.

(3) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods passes to the customer at the time the goods are delivered to the customer or the customer defaults on acceptance . In all other cases, if we only owe shipping, the risk passes to the customer when the goods are delivered to the transport company.

6. Retention of title

(1) We reserve ownership of the goods delivered by us until the purchase price (including any sales tax and shipping costs) for the goods in question has been paid in full.

(2) The customer is not entitled to dispose of ownership of the goods delivered by us and which are still subject to retention of title (“reserved goods”) without our prior written consent. The disposal of the customer's legal position with regard to the reserved goods (so-called expectant right) remains permissible as long as the third party is informed of our ownership rights.

(3) The customer will treat the reserved goods with care.

(4) If third parties - in particular by bailiffs - access the reserved goods, the customer will point out our ownership and notify us immediately so that we can enforce our property rights.

(5) In the event of late payment, we are entitled to demand return of the reserved goods provided we have withdrawn from the contract.

7. Customer's rights regarding defects

(1) If the delivered goods have a defect, the customer can first request that we correct the defect or deliver defect-free goods. However, if the customer is an entrepreneur, we can choose between remedying the defect or delivering a defect-free item; This choice can only be made by notifying the customer in text form (also by fax or email) within three working days of receipt of notification of the defect.

(2) If the subsequent performance in accordance with paragraph 1 fails or is unreasonable for the customer or we refuse subsequent performance, the customer is entitled, in accordance with the applicable law, to withdraw from the purchase contract, to reduce the purchase price or to claim damages or reimbursement of his wasted expenses demand. However, the special provisions of Section 8 of these General Terms and Conditions apply to the customer's claims for damages.

8. Liability

(1) Our liability for delay in delivery is limited to an amount of 50% of the respective purchase price - except in the case of intent or gross negligence.

(2) We are not liable (regardless of the legal basis) for damages that are not typically to be expected under normal use of the goods. The above limitations of liability do not apply in the event of intent or gross negligence.

(3) The restrictions in this section 8 do not apply to our liability for guaranteed quality features within the meaning of Section 444 of the German Civil Code (BGB), due to injury to life, body or health or under the Product Liability Act.

(4) Our items may only be used for the stated purpose.

9. data protection

We may only process and store the data relating to the respective purchase contracts within the framework of the applicable legal regulations. The details can be found in the data protection declaration available on our website.

10. Applicable Law

The purchase contract existing between us and the customer is subject to the law of the Federal Republic of Germany, subject to mandatory international private law regulations, excluding the UN Convention on Contracts for the International Sale of Goods. However, if the customer is a consumer and has his habitual residence in another country, he will continue to be protected under the relevant provisions of the country of residence, which may not be deviated from by agreement.

11. Miscellaneous, place of jurisdiction

(1) If one of these regulations is ineffective, the effectiveness of the remaining regulations will not be affected. The invalid clause will be replaced by a legally permissible regulation that comes closest to it economically.

(2) For all disputes arising from the contractual relationship, the place of jurisdiction is Heidelberg if the customer is a merchant, a legal entity under public law or a special fund under public law.

12. Alternative dispute resolution

(1) The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online